END USER LICENSE AGREEMENT (EULA) FOR FANTASY GROUNDS AND FANTASY GROUNDS UNITY

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END USER LICENSE AGREEMENT (EULA) FOR FANTASY GROUNDS

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE FANTASY GROUNDS SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

  1. LICENSE GRANT. SMITEWORKS USA LLC (SMITEWORKS) grants you a license to use copies of this SOFTWARE on one or more systems for as many licenses as you purchase. "You" means the individual or family living at the same physical residence, whose funds are used to pay the license fee, or the recipient of a gift where the buyer purchased it exclusively for a single recipient. "Use" means storing, loading, installing, executing, or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features detailed on the fantasygrounds.com website by duly authorized representatives of SMITEWORKS. This license is not transferable to another organization. You may transfer a license to another individual once if the software has not been used on any system and you are the original buyer of the license. You may transfer the license to any private system you own. You are not allowed to install a license on any publicly accessible system where the license key would be visible to others.

  2. OWNERSHIP. The SOFTWARE is owned and copyrighted by SMITEWORKS. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE .

  3. COPYRIGHT. The SOFTWARE is protected by copyright law of the United States of America and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of SMITEWORKS and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

  4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

  5. AUTHORIZED CONTENT DISTRIBUTION. You agree not to use the SOFTWARE in any way to create unauthorized content for distribution to other users. This includes any content which violates any copyrights of any persons or for which you own the copyright but you have not obtained a LICENSE AGREEMENT with SMITEWORKS for authorized content distribution. You may create and distribute content in a strictly non-commercial capacity without a LICENSE AGREEMENT as if it were authorized content as long as that content does not violate any copyrights of any person.

  6. AUTHORIZED CONTENT USAGE. You agree not to use or promote unauthorized content for use with the SOFTWARE.

  7. LICENSE AGREEMENT. You may enter into a separate LICENSE AGREEMENT with SMITEWORKS to allow for distribution of content you create for use with the SOFTWARE. This LICENSE AGREEMENT, which you will need to request, will provide specific details on pricing, royalties, branding, expected quality, reporting and distribution. SMITEWORKS reserves the right to approve or deny a LICENSE AGREEMENT at its sole discretion. Once in effect, the LICENSE AGREEMENT terms will supersede this EULA.

  8. TERMINATION. SMITEWORKS reserves the right to terminate a LICENSE GRANT for any violation of this EULA.

  9. NO OTHER WARRANTIES. SMITEWORKS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

  10. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

  11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SMITEWORKS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF SMITEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SMITEWORKS' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

  12. GOVERNING LAW AND VENUE. This license will be governed by the laws of the State of Florida and of the United States of America as they are applied to agreements between United States residents entered into and to be performed entirely within the United States of America. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. Any claim brought under this license may be brought only in the courts serving the County of Brevard in the State of Florida.

  13. ENTIRE AGREEMENT. This is the entire agreement between you and SMITEWORKS which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT INSTALL, USE OR DISTRIBUTE THIS SOFTWARE PRODUCT.

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